Forced Drug Testing

Essay by redhenny15College, UndergraduateA+, May 2008

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If a group of attorneys could convince Congress that at one point in time a large number of lives could have been saved if the court would have enforced a mandatory drug screening prior to release of a suspect then Congress might seem some rationale in implementing such an act. However, until the effects of the policy can be proven to the American people how forcing a suspect to pass a drug screening prior to posting bail will increase the chances of justice being served, I believe the idea should be discarded and resubmitted when properly researched.

There are a few ways of looking at a forced drug testing policy in American courts. One person may believe that pre-screening defendants for drugs prior to posting bail increases the likelihood of them appearing for their hearings. Others may see drug testing as nothing more than wasting tax payers’ money on a lost cause.

Contrary to the beliefs of the other two groups of people, another view on forced drug testing may be that drugs may have no effect on if the defendant shows up to court. Should drug testing be implemented for all criminal cases? What sense does it make to force someone picked up for disorderly conduct to take a drug test?A person should not be drug tested because he or she breaks the law, depending of course, on the law broken. Another issue with forced drug testing is criminal defense. If a criminal or suspect knows his or her rights by testing positive for a drug after committing a crime, would that not give the defense more of an “excuse”, or defense, for the defendant’s behavior, therefore, possibly reducing the punishment? Nowadays America has developed the consensus that criminals are becoming more protected under the law than victims. Drug...